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Terms Of Use

Please read these terms of use of www.shoneys.com and www.shoneyscatering.com (“Sites”) carefully before using the Sites.  These terms of use may be modified at any time and are effective immediately upon posting to the Sites.  By using the Sites, you agree to the then-current terms of use. If you do not agree with any of the terms of use, do not use the Sites.

1. Trademark Information
Shoney’s, Shoney’s Logo, Shoney’s Pole Sign Logo (rectangular sign with four concave-cut corners), Shoney Bear, Shoney Bear Logo, Awww That’s Good, Shoney’s Catering Logo, Let’s Eat, Slim Jim, and other marks designated by Shoney’s North America, LLC with ®, TM, or SM are federally registered, or are properly claimed or filed in specific States, and are trademarks and service marks of Shoney’s North America, LLC. All other trademarks which may appear in the Sites are the property of the respective trademark owners. Unauthorized use of any of these registered marks, logos, pictures, designs, names, or phrases is prohibited by law.

2. Restrictions On Use
Material from the Sites and any other website owned, operated, licensed, or controlled by Best American Hospitality Corp. on behalf of Shoney’s North America, LLC and its related companies (collectively “Shoney’s”), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Shoney’s. However, visitors may print or download one copy of material on our Sites on one computer for personal, non-commercial, home or educational use, if the material is provided on the Sites for the purpose of printing or downloading for such use, such as Menus or the Coloring Book.  If you print or download our information, you may not delete or change any copyright, trademark, or other notices. You may not distribute the printed or downloaded material.  If you modify or use our materials for any other purpose, you will violate the intellectual property rights owned by Shoney’s. Printed or downloaded information from the Sites, including any software, text files, audio files, and images contained in or generated by the Sites, and all the accompanying data, is licensed to you by Shoney’s non-exclusively without the right to sublicense for the limited purposes described herein and subject to the restrictions on use described herein; however, full title and all intellectual property rights remain at all times in Shoney’s.  Prior written consent must be obtained for any commercial use or any use involving further publication or distribution of information provided on the Sites.  Any evidence of possible use of the Sites for inappropriate or unlawful purposes will be provided to law enforcement authorities.

3. Authorized Use
All materials on this site are made available to the public only to provide information about Shoney’s and its affiliated and related companies, and its business operations. Best American Hospitality Corp. manages the Sites from its office at 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee, United States of America. We make no representation that these materials are appropriate or available for use in other locations. If you access the Sites from locations outside Nashville, you are responsible for compliance with applicable United States and local laws, and you represent and warrant that you are a lawful user of the Sites.

4. Warranty Disclaimer
THE CONTENT, INFORMATION AND MATERIALS IN THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHONEY’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEPENDING UPON APPLICABLE LAW, THE ABOVE DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Shoney’s does not warrant that any information is accurate or that any functions contained in the material will operate without interruption or will be error free. Shoney’s does not warrant that defects will be corrected, or that the sites or the server that makes the sites available are free of viruses or other harmful or erroneous software or data. You, not us, assume the entire cost of all necessary service or repair arising from or related to your use of the Sites.

5. Limitation Of Liability
We may discontinue or alter the Sites at any time. The material on the Sites is provided to our visitors for lawful informational purposes only. Shoney’s intends the Sites’ information to be correct, but it may include factual or typographical errors, and omissions.  The Sites contain links to external sites.  Shoney’s is not liable for the content of linked external sites.

Shoney’s will not be liable for any damages or injury caused by any error, omission, interruption, defect, delay in transmission, computer virus, online failure or any other cause arising from the existence of the Sites or their use by visitors to the Sites. Shoney’s will not be liable for any damages or injury, including special or consequential damages, that result from the use of, or the inability to use, the Sites or the materials on the Sites, even if we are negligent, or we have been specifically advised of the possibility of those damages. Your exclusive remedy is to discontinue using the Sites.  In all cases, the total liability of Shoney’s to you for all losses, damages, and all causes of action will not exceed the amount you paid to access the Sites.

Depending upon applicable law, the above limitation or exclusion for incidental or consequential damages may not apply to you.

6. Registration
You may create an account (also called a login) while using the Sites by providing personal information, including an email address and password, to use certain features of the Sites.  If you create an account, you agree to provide true and accurate information during the registration process and update it to maintain its accuracy.  You may not impersonate another person or submit false information regarding your identity.  You assume full and complete responsibility for the confidentiality and security of your account name and password.  If you believe that the confidentiality and security of your account has been compromised, you are responsible to contact us at privacy@shoneys.com or by phone at (877) 377-2233.  You agree to defend, indemnify and hold Shoney’s harmless from and against any and all damages and losses incurred by Shoney’s or any third party due to your failure to maintain the confidentiality and security of your account name and password and/or your breach of these terms of use.  Shoney’s reserves the right to terminate any user account at any time, without prior notice given, based on a breach or suspected breach of these terms of use.

7. Privacy Policy.
Shoney’s Privacy Policy is incorporated herein by this reference and is located at www.shoneys.com/#/privacy

8. Digital Millennium Copyright Act Notice
If you believe that any material on the Sites infringes on your copyright, you may file a notice of infringement with Shoney’s to request removal of the allegedly infringing material by providing a signed notice including the following information:

Descriptions of the copyrighted work you believe has been infringed upon and the material you believe to be infringing, both in sufficient detail for us to locate the material;

1. Your name, address, email address and telephone number;

2. Statements that: (i) You have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law; (ii) The information in the notice is accurate; and (iii) Under penalty of perjury that you are the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Send the notice to Shoney’s Legal Department, 1717 Elm Hill Pike, Suite B-1, Nashville, Tennessee 37210 or to dmca@shoneys.com.

9. Communications To Us
You are free not to communicate with us, therefore, all remarks, suggestions, ideas, graphics, or other information communicated to Shoney’s through the Sites are voluntary and immediately upon submission to us, they will become forever our exclusive property. Shoney’s cannot, and will not treat any communications or submissions as confidential. Shoney’s will not be liable for use of any business or product ideas submitted by visitors to the Sites, and we cannot be liable for any similarities to those ideas that may appear at any time in Shoney’s® restaurant operations. Shoney’s will exclusively own all present and future rights everywhere to all submissions by visitors to the Sites. We are entitled to use any submission for any purpose at any time, without compensation to the person who submitted it, or to any other person. By visiting the Sites and communicating with us, you acknowledge that you are responsible for all material you submit, and you have full responsibility for the meaning and content of your message, including its appropriateness, legality, originality, and copyright.

10. Jurisdiction and Governing Law
These terms of use are governed by and should be interpreted pursuant to the laws of the State of Tennessee, United States of America, regardless of principles of conflicts of law. If any part of these terms and conditions is unlawful or unenforceable, that part may be severed from the remainder, and the validity and enforceability of all remaining provisions will not be affected. Shoney’s products and services are available in many parts of the United States; however, our Sites may sometimes describe products and services which are not available in all areas or in a particular location. These terms and conditions are the entire agreement between each visitor and Shoney’s relating to the use of the Sites. No waiver of any provision in these terms of use shall be considered a continuing waiver of such provision or any other provision.

rev 10/2013